The Board denied service connection for the cause of the veteran's death and the basic eligibility requirements for DEA benefits under 38 U.S.C.A., Chapter 35 were not met.
The deciding factor: The veteran's death was not caused by, or substantially or materially contributed to by, a disability or disease incurred in or aggravated by service. The veteran had a history of smoking and chronic obstructive pulmonary disease, but there was no evidence that his lung condition was related to his military service.
- Claimed conditions
- Myocardial infarction, Chronic obstructive pulmonary disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2008
- Citation
- 0815767
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for the cause of the Veteran's death due to a lack of sufficient evidence addressing all contentions.
- Partly granted
The Board granted service connection for a cardiovascular disability, secondary to hypertension, but denied a compensable rating and an earlier effective date for the grant of service connection for hypertension.
- Partly granted
The Board denied a rating higher than 60 percent for the Veteran's heart disabilities and granted service connection for major vascular neurocognitive disorder, but denied special monthly compensation under 38 U.S.C. § 1114(l).
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, as none of the listed causes were related to his period of active duty or presumed exposure to herbicides.
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